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If you have suffered a head or brain injury due to an accident on the road, in the workplace, out in public or because of a medical mistake we can help you make a claim for compensation. 


If you are living with the day-to-day costs and effects of a brain injury, speak with an expert today to find out if you’re entitled to no win no fee.


Head or brain injury claims

Head trauma can lead to head or brain injuries or both. If you or a loved one has been in an accident and survived the initial impact, the deleterious effects can be long-lasting and sometimes permanent. Traumatic brain injuries may be classed as a TPD in some extreme cases. Even in less severe instances, victims are often left with partial or whole person impairments.

A head injury or brain injury is classed as a serious injury compensation claim if it meets one or all of the following criteria:

  • Ongoing physical and medical treatment
  • Repeated or ongoing hospital or specialist assessments
  • Lengthy periods of under- or unemployment, or total inability to work again
  • Specialist rehabilitation for physical, cognitive, or psychological trauma

These types of injuries often mean a total forfeit of future income, superannuation, and the ability to live as one did before an accident. If a brain injury was caused by negligence or was otherwise not your fault, our specialist lawyers can make an assessment of whether you are entitled to a personal injury claim.

Please note: In some instances, a ‘no-fault’ scheme may apply which means you can claim compensation regardless of who caused the accident. 

To find out if you are eligible to claim or not, call us free or talk to us through our secure online chat.

Head and brain injuries can have a heavy burden

It’s not just the injury sufferer who is impacted by head and brain injuries. In many instances, it can affect whole families, especially if the injured person was dependent on financially. Serious injuries can have immediate and ongoing out-of-pocket costs, even if you have health insurance.

These may be:

  • Persistent Out-of- clinic care by professionals
  • Future loss of income and superannuation
  • Unable to fulfil duties at your place of employment, thus impairing your ability to advance your career or find new job opportunities
  • Modifying your home to accommodate restricted movement due to injury
  • Ongoing lease or purchase of specialist equipment, and the cost of running them uninterrupted
  • Ongoing specialist care for the loss of movement, cognitive deficiency, or psychiatric trauma

If you or a loved one is suffering, help is just one free phone call away. Please call 1800 106 107 now for expert guidance and support.

Most common causes of head and brain injuries

Serious head and brain injuries can be a result of many different types of accidents. Our lawyers can help you claim the compensation you’re owed no matter how you suffered your injury. Below we have listed some of the most common causes of head and brain injuries.


Road accidents

High-speed collisions involving cars, motorcycles or other forms of motor vehicles can cause serious head and brain injuries. Head and brain injuries can also be quite common in low-speed crashes, especially if it’s a side-impact crash. Motorcyclists are also prone to suffering serious injuries to their head and brain, even if they are wearing a protective helmet.

If you’d like to find out if you are eligible to make a brain or head injury claim, talk to one of our expert lawyers on 1800 106 107. We have a dedicated team of lawyers who practise solely in road accident injury claims.


Workplace injuries

Work environments can sometimes be pretty treacherous. Some high-risk jobs such as FIFO mining work or high rise construction are more dangerous than others. Falls from a height or being hit by falling objects are a major cause of head and brain injuries and in some sad cases even death.

We have experts who can help you or your loved one get the compensation they deserve.


Clinical negligence

Some surgeries are riskier than others, however, undergoing any type of surgery involves risk. Operations in close proximity to vital organs or head or brain injury operations need to be conduction by experts due to the catastrophic risks involved if something goes wrong.

Although uncommon botched surgical procedures carried out by negligent medical professionals cause patients to suffer unnecessary injuries. In some heartbreaking instances when an operation goes wrong, it can even lead to death.

If you have been seriously injured during a medical procedure, or have lost someone you love, we can help. Call us free on 1800 106 107 today to find out where you stand.


Types of traumatic brain injuries

An individual can sustain many different types of brain injury. Here are a few of the more typical injuries diagnosed:


Concussion

A concussion occurs when someone bumps or receives a forceful impact to the head.

Usually, it causes an immediate loss of consciousness, sometimes for a prolonged period. Those not knocked unconsciousness report dizziness, nausea, and confusion.

Concussions are a particularly common injury suffered by cyclists and also in contact sports like a gridiron, rugby and AFL. One can sustain concussions with varying severity in work and motor vehicle accidents.

Common symptoms of concussion include:

  • Loss of consciousness
  • Continuous headaches
  • Disorientation, forgetfulness and feeling confused
  • Loss of memory and the ability to remember new things
  • Problems with balance and dizziness
  • Slurred speech
  • Impaired vision

Concussions affect the elderly more so than the young. Alcohol or narcotic intoxication can compound the effects.

People who have sustained a concussion should seek emergency medical care. Concussions may be symptomatic of other, more severe injuries as listed below.


Subdural haematoma

A subdural haematoma is a pooling of blood between the brain and the skull. A subdural haematoma presents symptoms similar to that of a severe concussion, including nausea and headaches.

The symptoms can develop immediately after a significant head injury, or have a more delayed onset. People experiencing these symptoms should seek immediate medical attention or call emergency services on 000.


Subarachnoid haemorrhage

A Subarachnoid haemorrhage is the development of bleeding on the brain’s surface. Studies have shown a subarachnoid haemorrhage is the cause of one in 20 strokes in Australia. The acute onset is rapid; there are no detectable warnings.

Symptoms include feeling nauseous, blurred vision and a sudden headache.


Penetrating head injury

A penetrating head injury is a visible injury unlike the examples above. A large, forceful impact can split open the skin and bone in the skull, causing massive trauma.

Accidents are known to cause such head and brain injuries are steep falls, workplace accidents and motorcycle accidents.


Diffuse axonal injury

Diffuse (spread out) axons (brain cells) causes severe damage in the brain in the form of extensive lesions on the white matter over a wide-spread area.

Survivors of serious and catastrophic accidents commonly end up with this type of injury.


Facts about traumatic brain injuries in Australia

The Australian Institute of Health and Welfare reported a traumatic brain injury (TBI) rate of 107 per 100,000 people in Australia, according to a 2014 study. Most studies suggest that approximately 20% of patients with TBI admitted to hospital have sustained moderate or severe head injuries, and the other 80% have mild injuries. Many people with TBI report physical discomforts such as pain and dizziness, seizures, and Post-Concussion Syndrome.

Other mental effects are the development or onset of major depression/anxiety disorders and in some cases schizophrenia. Severe TBI can also impair memory formation, speech patterns, planning, writing, and behavioural or personality changes. Treatment for TBI is complex. Long-term care by a specialised team is required for complete restoration of health, if possible.

For more information about your rights in a personal injury claim of this nature, call one of our expert lawyers on 1800 106 107.

How much compensation am I entitled to?

Every brain injury is different and has nuances that will affect the disbursement of compensation to the injured party. The level of compensation awarded will vary on a case by case basis. Even so, compensation is determined by three major factors:

  • The severity of their injuries
  • Financial losses they have incurred, and are liable to incur due to incapacitation
  • Their level of culpability in causing the accident

One or a combination of these facets of a brain injury can influence your level of compensation.

To find out more about how much you may be entitled to claim, give our specialists a call on 1800 106 107 to discuss your situation in detail.

Alternatively, use our free compensation calculator to get a free online estimation without speaking to anyone.

What to do next

We handle all types of head and brain injury compensation via conditional costs agreements. When you call us we can usually let you know in minutes whether you can claim with us or not. To commence a head or brain injury claim, you will be required to prepare extensive documentation. This can be difficult, especially in times of brain or head trauma so, for this reason, we will assist with all facets of your claim to ensure the best chance of success. This includes gathering all the relevant documentation on your behalf to give a clear picture to all parties.

This information and documentation may include, but is not limited to:

  • The date of the incident
  • Medical transcripts and documentation
  • Statements about pain and restricted mobility, including doctor’s diagnoses
  • Information about your employment status, such as time off work
  • Modifications made in your daily life, home and routines directly related to your injury
  • Fuel receipts and other resources expended by loved ones or carers who have assisted you during your recuperation
  • This also takes into account care given to you without recompense
  • Rehabilitation and psychologist progress reports

To find out if you are eligible for a serious injury claim, call the lawyers at Millner and Knight who can help you through the process. Ring 1800 106 107 for an obligation free consultation or start your claim online using any of our online forms.